H.F. 2450 Section 1. Section 81.1, Code 2018, is amended to read as 1 follows: 2 81.1 Definitions. 3 As used in this chapter , unless the context otherwise 4 requires: 5 1. “Aggravated misdemeanor” means an offense classified as 6 an aggravated misdemeanor committed by a person eighteen years 7 of age or older on or after July 1, 2014, other than any of the 8 following offenses: 9 a. A violation of chapter 321 . 10 b. A second offense violation of section 321J.2 , unless 11 the person has more than one previous revocation as determined 12 pursuant to section 321J.2 , subsection 8, within the 13 twelve-year period immediately preceding the commission of the 14 offense in question. 15 c. A violation of chapter 716B . 16 d. A violation of chapter 717A . 17 e. A violation of section 725.7 . 18 2. “Combined DNA index system” means a national, searchable 19 DNA database created and maintained by the federal bureau of 20 investigation where DNA profiles are stored and searched at a 21 local, state, or national level. 22 2. 3. “DNA” means deoxyribonucleic acid. 23 3. 4. “DNA data bank” means the repository for DNA samples 24 obtained pursuant to section 81.4 . 25 4. 5. “DNA database” means the collection of DNA profiles 26 and DNA records. 27 5. 6. “DNA profile” means the objective form of the results 28 of DNA analysis performed on a DNA sample. The results of 29 all DNA identification analysis on an individual’s DNA sample 30 are also collectively referred to as the DNA profile of an 31 individual. “DNA profile” also means the objective form of 32 the results of DNA analysis performed on a forensic sample, to 33 the extent that sufficient biological material is present to 34 develop a valid DNA profile. 35 -1- LSB 5230HV (3) 87 jm/rh 1/ 10

H.F. 2450 6. 7. “DNA profiling” means the procedure established by 1 the division of criminal investigation, department of public 2 safety, for determining a person’s genetic identity. 3 7. 8. “DNA record” means the DNA sample and DNA profile, 4 and other records in the DNA database and DNA data bank used to 5 identify a person. 6 8. 9. “DNA sample” means a biological sample provided by 7 any person required to submit a DNA sample or a DNA sample 8 submitted for any other purpose under section 81.4 . 9 10. “DNA testing” means a test to analyze physical and 10 biological evidence from a DNA sample including analysis 11 that might not result in the establishment of a complete DNA 12 profile. 13 11. “Forensic sample” means an evidentiary item that may 14 contain DNA relevant to a crime. 15 12. “Keyboard search” means a manual keyboard search 16 conducted in accordance with the current version of the 17 national DNA index system operational procedures manual. 18 9. 13. “Person required to submit a DNA sample” means a 19 person convicted, adjudicated delinquent, receiving a deferred 20 judgment, or found not guilty by reason of insanity of an 21 offense requiring DNA profiling pursuant to section 81.2 . 22 “Person required to submit a DNA sample” also means a person 23 determined to be a sexually violent predator pursuant to 24 section 229A.7 . 25 Sec. 2. Section 81.10, Code 2018, is amended to read as 26 follows: 27 81.10 DNA profiling after conviction. 28 1. A defendant who has been convicted of a felony or 29 aggravated misdemeanor and who has not been required to 30 submit a DNA sample for DNA profiling may make a motion to the 31 court for an order to require that DNA analysis profiling be 32 performed on evidence a forensic sample collected in the case 33 for which the person stands convicted. 34 2. The motion shall state the following: 35 -2- LSB 5230HV (3) 87 jm/rh 2/ 10

H.F. 2450 a. The specific crimes for which the defendant stands 1 convicted in this case. 2 b. The facts of the underlying case, as proven at trial or 3 admitted to during a guilty plea proceeding. 4 c. Whether any of the charges include sexual abuse or 5 involve sexual assault, and if so, whether a sexual assault 6 examination was conducted and evidence forensic samples were 7 preserved, if known. 8 d. Whether identity was at issue or contested by the 9 defendant. 10 e. Whether the defendant offered an alibi, and if so, 11 testimony corroborating the alibi and, from whom. 12 f. Whether eyewitness testimony was offered, and if so from 13 whom. 14 g. Whether any issues of police or prosecutor misconduct 15 have been raised in the past or are being raised by the motion. 16 h. The type of inculpatory evidence admitted into evidence 17 at trial or admitted to during a guilty plea proceeding. 18 i. Whether blood testing or other biological evidence 19 testing was conducted previously in connection with the case 20 and, if so, by whom and the result, if known. 21 j. What biological evidence exists and, if known, the agency 22 or laboratory storing the evidence forensic sample that the 23 defendant seeks to have tested. 24 k. Why the requested analysis of DNA evidence a forensic 25 sample is material to the issue in the case and not merely 26 cumulative or impeaching. 27 l. Why the DNA evidence results would have changed the 28 outcome of the trial or invalidated a guilty plea if the 29 requested DNA profiling had been conducted prior to the 30 conviction. 31 3. A motion filed under this section shall be filed in 32 the county where the defendant was convicted, and notice 33 of the motion shall be served by certified mail upon the 34 county attorney and, if known, upon the state, local agency, 35 -3- LSB 5230HV (3) 87 jm/rh 3/ 10

H.F. 2450 or laboratory holding evidence described in subsection 2 , 1 paragraph “k” “j” . The county attorney shall have sixty days to 2 file an answer to the motion. 3 4. Any Subject to section 81.8, any DNA profiling of the 4 defendant , an unknown person, or other biological evidence 5 testing conducted by the state or by the defendant shall be 6 disclosed and the results of such DNA profiling or other 7 testing described in the motion or answer. 8 5. If the evidence forensic sample requested to be tested 9 was previously subjected to DNA or other biological analysis 10 by either party, the court may order the disclosure of the 11 results of such testing, including laboratory reports, notes, 12 and underlying data, to the court and the parties. 13 6. The court may order a hearing on the motion to determine 14 if evidence the forensic sample should be subjected to DNA 15 analysis profiling . 16 7. The court shall grant the motion if all of the following 17 apply: 18 a. The evidence forensic sample subject to DNA testing 19 profiling is available and in a condition that will permit 20 analysis. any of the following apply: 21 (1) DNA profiling has not been performed on the forensic 22 sample. 23 (2) DNA profiling has been previously performed on 24 the forensic sample and the defendant is requesting DNA 25 profiling using a new method or technology approved by the 26 accrediting organization and authorized by the federal bureau 27 of investigation for DNA profiling that is substantially more 28 probative than the DNA profiling previously performed. 29 b. A sufficient chain of custody has been established for 30 the evidence forensic sample . 31 c. The identity of the person who committed the crime for 32 which the defendant was convicted was a significant issue in 33 the crime for which the defendant was convicted. 34 d. The evidence forensic sample subject to DNA analysis 35 -4- LSB 5230HV (3) 87 jm/rh 4/ 10

H.F. 2450 profiling is material to, and not merely cumulative or 1 impeaching of, evidence included in the trial record or 2 admitted to at a guilty plea proceeding. 3 e. DNA analysis of the evidence The DNA profiling results 4 would raise a reasonable probability that the defendant would 5 not have been convicted if DNA profiling had been available at 6 the time of the conviction and had been conducted prior to the 7 conviction such results had been introduced at trial . 8 8. a. Upon the court granting a motion filed pursuant to 9 this section , DNA analysis profiling of evidence a forensic 10 sample shall be conducted within the guidelines generally 11 accepted by the scientific community. The defendant shall 12 provide DNA samples for testing if requested by the state. 13 b. In response to a motion filed pursuant to this 14 section, and after proper notice to the parties, including 15 the department of public safety or other entity authorized 16 to perform the search, the court may enter an order that 17 authorizes the department of public safety or other entity to 18 access the DNA database and do any of the following: 19 (1) Compare a DNA profile obtained from a DNA sample or 20 forensic sample collected in connection with an investigation 21 or prosecution of the defendant against the DNA database 22 through the use of a keyboard search. 23 (2) Utilize a search method similar to a keyboard search 24 that does not involve uploading the DNA profile to the DNA 25 database if the court determines all of the following apply: 26 (a) The DNA profile complies with federal bureau of 27 investigation requirements or state requirements, whichever are 28 applicable, as such requirements are applied to law enforcement 29 agencies seeking such a comparison, and the database meets 30 national DNA index system or state DNA index system criteria, 31 whichever is applicable. 32 (b) If a comparison of the DNA profile had been conducted 33 and if the results had been admitted at trial resulting in 34 a verdict of guilty, a reasonable probability exists that 35 -5- LSB 5230HV (3) 87 jm/rh 5/ 10

H.F. 2450 the verdict would have been more favorable to the defendant, 1 or in a case involving a plea of guilty, if the results had 2 been available to the defendant prior to the guilty plea, a 3 reasonable probability exists that a conviction would not have 4 resulted. 5 9. Results of DNA analysis profiling conducted pursuant 6 to this section shall be reported to the parties and to the 7 court and may be provided to the board of parole, department 8 of corrections, and criminal and juvenile justice agencies, 9 as defined in section 692.1 , for use in the course of 10 investigations and prosecutions, and for consideration in 11 connection with requests for parole, pardon, reprieve, and 12 commutation. DNA samples obtained pursuant to this section 13 may be included in the DNA data bank, and DNA profiles and DNA 14 records developed pursuant to this section may be included in 15 the DNA database. 16 10. A criminal or juvenile justice agency, as defined in 17 section 692.1 , shall maintain DNA samples and evidence forensic 18 samples that could be tested for DNA for a period of three 19 years beyond the limitations for the commencement of criminal 20 actions as set forth in chapter 802 . This section does not 21 create a cause of action for damages or a presumption of 22 spoliation in the event evidence a forensic sample is no longer 23 available for testing. 24 11. If the court determines a defendant who files a motion 25 under this section is indigent, the defendant shall be entitled 26 to appointment of counsel as provided in chapter 815 . 27 12. If the court determines after DNA analysis profiling 28 ordered pursuant to this section that the results indicate 29 conclusively that the DNA profile of the defendant matches the 30 profile from the analyzed evidence used against the defendant, 31 the court may order the defendant to pay the costs of these 32 proceedings, including costs of all testing, court costs, and 33 costs of court-appointed counsel, if any. 34 Sec. 3. NEW SECTION . 81.11 Compliance with applicable laws. 35 -6- LSB 5230HV (3) 87 jm/rh 6/ 10

H.F. 2450 A court shall not enter an order under this chapter that 1 would result in a violation of state or federal law or loss of 2 access to a federal system or database. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill relates to a defendant filing a motion for an order 7 to require that DNA analysis be performed on evidence after 8 conviction. 9 The bill modifies or adds numerous definitions under Code 10 chapter 81 (DNA profiling). 11 The bill defines “combined DNA index system” to mean a 12 national, searchable DNA database created and maintained by the 13 federal bureau of investigation where DNA profiles are stored 14 and searched at a local, state, or national level. 15 The bill expands the definition of “DNA profile” to include 16 the objective form of the results of DNA analysis performed on 17 a forensic sample, to the extent that sufficient biological 18 material is present to develop a valid DNA profile. Currently, 19 “DNA profile” means the objective form of the results of DNA 20 analysis performed on a DNA sample, and the results of all DNA 21 identification analysis on an individual’s DNA sample are also 22 collectively referred to as the DNA profile of an individual. 23 The bill defines “DNA testing” to mean a test to analyze 24 physical and biological evidence from a DNA sample including 25 analysis that might not result in the establishment of a 26 complete DNA profile. 27 The bill defines “forensic sample” to mean an evidentiary 28 item that may contain DNA relevant to a crime. 29 The bill defines “keyboard search” to mean a manual keyboard 30 search conducted in accordance with the current version of the 31 national DNA index operational procedures manual. 32 The bill provides that a defendant who has been convicted 33 of a felony or an aggravated misdemeanor may make a motion 34 to the court for an order to require that DNA profiling be 35 -7- LSB 5230HV (3) 87 jm/rh 7/ 10

H.F. 2450 performed on a forensic sample collected in the case for which 1 the defendant stands convicted. Current law provides that such 2 a defendant who has not previously been required to submit a 3 DNA sample for DNA profiling may make such a motion. 4 The bill requires the defendant’s motion for an order 5 to require DNA profiling be performed on a forensic sample 6 collected in the case to include a statement detailing why the 7 DNA results would have changed the outcome of the trial or 8 invalidated a guilty plea if the requested DNA profiling had 9 been conducted prior to the conviction. Current law requires 10 such motion to state why DNA evidence would have changed the 11 outcome of the trial or invalidated a guilty plea if DNA 12 profiling had been conducted prior to conviction. 13 The bill specifies that the defendant’s motion shall be 14 served upon the county attorney and upon the laboratory, if 15 known by the defendant, holding the biological evidence. 16 Subject to the confidentiality provisions of Code section 17 81.8, the bill requires that any DNA profiling of the defendant 18 or an unknown person, or other biological evidence conducted 19 by the state or by the defendant shall be disclosed and the 20 results of such profiling or other testing be described in 21 the motion or answer. Current law requires DNA profiling, 22 not DNA testing results, to be disclosed and does not require 23 disclosure when the DNA profiling results in the DNA profile of 24 an unknown person. 25 The bill specifies that the court shall grant the 26 defendant’s motion for an order to require that DNA profiling 27 be performed on a forensic sample collected in the case for 28 which the person stands convicted when either DNA profiling 29 has not been performed on the forensic sample or when DNA 30 profiling has been previously performed on the forensic sample 31 and the defendant is requesting DNA profiling using a new 32 method or technology approved by the accrediting organization 33 and authorized by the federal bureau of investigation for DNA 34 profiling that is substantially more probative than prior DNA 35 -8- LSB 5230HV (3) 87 jm/rh 8/ 10

H.F. 2450 profiling. 1 Additionally, the bill specifies that the defendant’s motion 2 shall be granted when the DNA profiling results would raise a 3 reasonable probability that the defendant would not have been 4 convicted if such results had been introduced at trial. 5 Upon the court granting a defendant’s motion under the bill, 6 DNA profiling of a forensic sample shall be conducted within 7 the guidelines generally accepted by the scientific community. 8 The court may enter an order that authorizes the department 9 of public safety or other entity to access the DNA database 10 and either compare a DNA profile obtained from a DNA sample or 11 forensic sample collected in connection with an investigation 12 or prosecution of the defendant against the DNA database by 13 using a keyboard search or utilize a search method similar to a 14 keyboard search that does not involve uploading the DNA profile 15 to the DNA database. 16 The court may order authorizing the department of public 17 safety or other entity to utilize a search method similar to 18 the keyboard search that does not involve uploading the DNA 19 profile to the DNA database if all of the following apply: 20 the DNA profile complies with federal bureau of investigation 21 requirements or state requirements, whichever are applicable, 22 as such requirements are applied to law enforcement agencies 23 seeking such a comparison, and the database meets national 24 DNA index system criteria or state DNA index system criteria, 25 whichever is applicable; and if a comparison of the DNA 26 profile had been conducted and if the results had been admitted 27 at trial resulting in a verdict of guilty, a reasonable 28 probability exists that the verdict would have been more 29 favorable to the defendant, or in a case involving a plea of 30 guilty, if the results had been available to the defendant 31 prior to the guilty plea, a reasonable probability exists that 32 a conviction would not have resulted. 33 The bill also specifies that a court shall not enter an order 34 that would result in a violation of state or federal law or 35 -9- LSB 5230HV (3) 87 jm/rh 9/ 10